https://www.facebook.com/OldmacToyota/TERMS AND CONDITIONS:
Terms and Conditions: Games of Skill | Facebook
Schedule to Conditions of Entry
Promotion Name: Brisbane Heat Box Experience Promotion.
Promotion Type: Consumer.
Promoter: Toyota Motor Corporation Australia Limited ABN 64 009 686 097, 155 Bertie St, Port Melbourne, Vic 3207.
Relevant States(s) and/or Territory(ies): Queensland.
Selected Business: Downtown Toyota, Llewellyn Toyota, Martin Jonkers Motors, Motorama Toyota, Oldmac Toyota, Sci-Fleet Toyota, Southside Toyota, Torque Toyota.
Entry Restrictions: The Promotion is only open to individuals who: (i) are residents of Queensland and are aged 18 years or older at the time of entry (ii), have a public Facebook account, and (iv) are not directors, management or employees of the Promoter or its related companies or agencies associated with the Promotion, or their immediate family members (“Entrant”).
The Promoter will accept all those entries that comply with the Entry requirements. If Entrants live outside Queensland, are not within the ages explicitly specified, and/or their individual submission does not adhere to the Terms and Conditions listed, their entry into the Promotion will not be approved/allowed.
Entries must be received during the Promotion Period. The Promoter takes no responsibility for late, lost, incomplete, incorrectly submitted, illegible or misdirected entries or for any delays or failures in telecommunications service or equipment. Errors and omissions may be accepted at the Promoter's discretion.
Entrants must submit their entries manually. The Promoter may reject entries if it reasonably forms the opinion that they have been entered using automated entry means or by use of a competition entry service.
Promotion Period: The Promotion opens at 6:00am AEST 21st January 2019 and closes at 11:59pm AEST / 27th January 2019. No entries will be accepted after this time.
Entry Procedure: To enter, entrants must, during the Promotion Period -
complete the registration and entry form on the Facebook Post in accordance with the instructions on the Promotion Webpage, including providing their name, email address and telephone number and stating in 25 words or less why you deserve a VIP experience at Brisbane Heat v Melbourne Stars on Friday 8th February 2019.Entries must be original text created by the Entrant for this Promotion. Any entry which the judges deem inappropriate will be invalid.
Maximum Number of Entries: Entry is limited to one nomination, per Facebook profile. The first entry which is submitted in accordance with these Terms and Conditions will be deemed the Entrant’s entry. Any others that follow will be discarded as a valid entry into the Promotion.
Judging criteria: Entries will be judged on creativity, literary merit and originality.
Judging details: Date: 31st January 2019, Time: 12.00pm AEST, Location: Red Agency, 3.4/5 Kyabra Street, Newstead QLD 4006.
Prize Details: Major Prize –
· Brisbane Heat corporate suite (1 x 12 Pax Corporate Suite - $1650.00), catering including meals and beverages (12pax - $1500.00), Brisbane Heat merchandise pack (12 - $600.00), pre-game pitch walk (12 - $0.00).
Prize Restrictions (if any): The prize cannot be exchanged for another product, gift card or money. The Promoter will cover the cost of the delivery of the prize to the winner, provided that they meet the terms and conditions outlined (including a delivery address within Mainland Australia only).
Total Prize Pool: Up to $3750.
Notification of Winners: Winners will be notified via Facebook within 48 hours of the selection of the winners, with details of how to claim the prize.
Prize Claim Date: The prizes must be accepted within 72 hours of the closing time stipulated on each entry post. Winners will be required to verify their identity by confirming their address, email or phone number. Any prizes not taken at the time stipulated will be forfeited, and no substitute or compensation will be provided.
Unclaimed Prize Arrangements: If the Prize is not claimed by the Prize Claim Date or the entry is deemed invalid, the next best entry, as determined by the judge(s) shall be awarded the Prize. If a winner cannot be contacted, is found ineligible, or does not follow the Promoter’s instructions to claim the prize within 72 hours of notification, the Promoter will deem the prize as unclaimed (and forfeited) and the runners-up will receive the prize. The entry judged as the next choice at random will be the winner of the prize. This process will be repeated if required.
Additional Terms – entrants: The Promoter reserves the right to disqualify Entrants at its sole discretion for reasons that may or may not be disclosed to the disqualified Entrant.
Eligible Entrants must create their own entry and only submit an entry in their own name. Entries that are found to have been derived from third party work will be considered invalid and, if awarded a prize, the prize must be returned to the Promoter. Each Eligible Entrant indemnifies the Promoter and its associated companies and agents for any claims, costs, expenses, penalties or damages they incur from reproducing, publishing or otherwise using any works subsequently found to have been derived in any way from any third party works.
Each Eligible Entrant warrants and agrees that: (i) They have created the entry themselves; (ii) They are entitled to reproduce and exploit all underlying works in the entry; (ii) The entry has not been previously published in any other medium or forum worldwide; (iii) The Entrant will not submit material that is unlawful, obscene, defamatory, derogatory, abusive, harmful to any person or entity, or otherwise inappropriate or offensive; and (iv) The Entrant have not granted rights to their entry to any other person which is inconsistent with the rights granted to the Promoter under these conditions.
Each Eligible Entrant acknowledges and agrees that the Promoter (and each of its assignees and licensees) has the right, in its absolute discretion, to edit, amend, copy, reproduce, use, publish, broadcast and communicate to the public, the entry in any media including television and the internet, without any further consultation, reference, payment or other compensation. Each Eligible Entrant also agrees that they will not make any claim against the Promoter (or its assignees and licensees) arising from the exercise of these rights, including claims in relation to any moral rights that they may otherwise have.
The Promoter reserves the right, at any time, to verify the validity of entries and eligibility of Entrants (including an Entrant's identity, age, and place of residence). Proof considered suitable for verification is at the discretion of the Promoter.
The Promoter reserves the right in its sole discretion to declare an entry invalid or disqualify any individual who it has reason to believe has breached any of these Terms and Conditions, or engaged in any unlawful or other improper conduct calculated to jeopardise the fair and proper conduct of the Competition. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
Additional Terms – mechanic: Entrants release Facebook and its associated companies from all liability arising in respect of the Promotion and acknowledge that:
(a) the Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook;
(b) any information provided by the entrant in connection with the Promotion is provided to the Promoter and not to Facebook; and
(c) any questions, comments or complaints regarding the Promotion will be directed to the Promoter, not to Facebook.
Each Entrant completely releases Facebook from any and all liability in relation to this Promotion. Entrants understand that they are providing their information to the Promoter and not to Facebook.
If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law, to modify, suspend, terminate or cancel the Promotion, as appropriate.
The Promoter (including its officers, employees and agents) neither excludes its liability for failure to comply with a consumer guarantee under Competition and Consumer Act 2010 (Cth) or any other consumer legislation nor for any other liability that cannot be excluded by law.
The Promoter and their associated agencies and companies (including their respective officers, employees and agents) excludes all liability for loss or damage in connection with the Promotion due to any reason beyond the Promoter’s reasonable control, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction affecting the submission of your entry; (b) any theft, unauthorised access or third party interference with your entry; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected; (d) any tax liability incurred by the winner or Entrant; or (e) misuse of the prize.
The Promoter and their associated agencies and companies expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using the prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
The Promoter's decision in relation to any aspect of the Promotion is final and binding on every person who enters and no correspondence will be entered into. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Additional Terms – prizes: All tickets are only valid for the date or period specified on the tickets or by the provider, and are subject to any terms and conditions imposed by the provider. Once awarded, the Promoter is not liable for any ticket that has been lost, stolen, forged, damaged or tampered with in any way.
Before a prize is awarded, the Promoter may require each winner to sign a release of liability form (provided by the Promoter) in favour of all parties involved in this Promotion (including those providing the prize). If the release of liability form is not signed within the time requested by the Promoter, the winner’s entry will be deemed not to comply with these Terms and Conditions and their prize will be forfeited.
If the prize is unavailable for any reason, the Promoter may, in its absolute discretion, substitute that prize for another item of equal or higher value as determined by the Promoter.
Each prize winner, at the Promoter’s request, must participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to the Promoter using their names and images in promotional material in any medium throughout the world.
Additional terms – Privacy: Each Entrant acknowledges and agrees that the Promoter (and each of its assignees and licensees) has the perpetual right, in their absolute discretion, to edit, amend, copy, use, publish, broadcast and communicate to the public, their entry (in whole or in part) for any purpose and in any media, without any further consultation, reference, payment or other compensation of the Entrant.
Entrants' personal information will be collected by or on behalf of the Promoter to enable the Promoter and its agencies to administer the Promotion and may also be used by the Promoter, its agents, contractors and related companies, for the purposes of carrying out planning, product development and designing future promotional campaigns. The personal information of the winner may be provided to others assisting in the conduct of the Promotion, including the Promotion administrator, prize suppliers and deliverers. The winner’s name will also be published on the Promoter’s Facebook Page. By entering this Promotion, each Entrant consents to the use of their personal information as described. If an Entrant does not provide accurate personal information the Promoter may determine that they are not eligible to win a prize.
Conditions of Entry
1. Instructions and information on how to enter form part of these Conditions of Entry. Participation in this Promotion constitutes acceptance of these Conditions of Entry (and Schedule).
2. Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
3. Directors, management, employees and contractors of the Promoter and those of any agencies, retailers and suppliers associated with this promotion and the immediate family members of these people are ineligible to enter. “Immediate family member” means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manger, employee, officer or contractor.
4. The promotion will be conducted during the Promotion Period.
5. Eligibility to enter the Promotion is subject to the Entry Restrictions.
6. To enter the Promotion, entrants must complete the Entry Procedure and comply with all other applicable requirements during the Promotion Period. Entries must be submitted in accordance with the Entry Procedure and will not be accepted in any other form. No responsibility is accepted by the Promoter for late, lost, misdirected, ineligible or illegible/inaudible entries (including lost, stolen, forged, defaced or damaged proof of entry or things required by the Verification Requirements). The Promoter and/or its representatives may conduct security and/or verification checks (including enforcement of the Verification Requirements) in their absolute discretion to determine the bona fides of an entrant’s eligibility to enter the Promotion. Ineligible entries will be deemed to be invalid. All valid entries selected to win a prize will be provided with a prize.
7. Where an entry is deemed invalid (at the Promoter’s absolute discretion) prior to the Prize Claim Date, the Promoter may determine a new winner in accordance with the Unclaimed Prize Arrangements.
8. The Promoter’s decisions in connection with the Promotion are final and no correspondence will be entered into.
9. All entries and the content contained in those entries become the property of the Promoter. Once submitted, no changes to or withdrawal of an entry will be permitted. Entries will not be returned by the Promoter.
10. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Conditions of Entry. For the purposes of these content requirements, “entry content” includes any content (including text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion.
11. Incomplete entries will be deemed invalid. Entries will also be deemed invalid if they breach these Conditions of Entry as determined by the Promoter in its sole discretion or any other content guidelines notified by the Promoter during the entry process for the Promotion.
12. Entries must be the entrant’s original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be deemed invalid.
13. An entrant’s entry must not include:
(a) any image or voice of any other person without that person’s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;
(b) any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
(c) any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Conditions of Entry.
14. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry.
15. By submitting an entry to the Promotion, each entrant assigns all rights in the entry to the Promoter and consents to the Promoter using the entry in any manner the Promoter wishes (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all), by way of all media, without payment to the entrant (of royalties, compensation or otherwise). By submitting an entry, each entrant consents to any dealings with the entry that may otherwise infringe their moral rights in the entry. The Promoter may copy any content submitted as part of an entry, cause the content to be seen and/or heard in public, and communicate the content to the public. It may also allow third parties to do these things.
16. Entries must be received by the Promoter and will be deemed to have been received at the time of receipt by the Promoter. Online, SMS and other electronic entries are deemed to have been received at the time of receipt into the promotion database and not at the time of transmission by the entrant.
17. Winners will be notified in accordance with the Notification of Winners and Publication Details. Winners’ names and State/Territory of residence will be published as specified in the Schedule. The Promoter and the companies and agencies associated with this Promotion may also publish the name and State/Territory of the winners on their website(s).
18. All entries become the property of the Promoter. In addition to the above, the Promoter may use, and may disclose in any newspaper, advertisement, publication, media statement or other general and promotional material, any materials entrants provide in relation to the promotion for the Promoter’s promotional and business purposes.
19. All valid entries will be judged by the Judge(s) based upon the Judging Criteria. This is a game of skill and chance plays no part in determining the winner. The Prize(s) will be awarded according to the Prize Details.
20. The Prize(s) is/are specified in the Prize Details. The Prize(s) is/are subject to any Prize Restrictions, Additional Terms or any other restrictions specified in the Schedule. The Total Prize Pool is specified in the Schedule.
21. The entrant acknowledges that there may be inherent risks involved in entering this Promotion or taking or participating in the Prize(s). Any entrant, Prize winner and/or participants in a Promotion event may be required to sign an acknowledgement of risk and waiver of liability for participation in the Promotion or a Prize event and to expressly acknowledge that entry into this Promotion or participation in a Promotion event or Prize may be inherently dangerous, and that if they choose to participate they will do so at their own risk. A reasonable level of health and fitness may be required. The Promoter reserves the right to preclude participation of anyone refusing to sign the acknowledgement/waiver or any person who is suffering from asthma, epilepsy, significant back or neck problems, physical or mental disabilities, or is pregnant or in the Promoter’s sole discretion is not able or suitable to participate in any of the experiences for reasons of the participant’s own or anyone else’s safety.
22. The Promoter will not be liable for any loss (including but not limited to indirect or consequential loss), damage or personal injury which is suffered or sustained (including without limitation to that caused by any person’s negligence) relating to this Promotion or the awarding or taking of the Prize(s) except for any liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law).
23. The Prize(s) and/or parts of the Prize(s) is/are not transferable or exchangeable and cannot be taken as cash (unless the Prize is cash). If a Prize, or an element of a Prize, is unavailable for any reason, the Promoter reserves the right to substitute another prize of equal or greater value for that prize, or element of it, subject to the approval of any relevant authority. The Promoter and its representatives will not be liable for any damage to or delay in transit of prizes.
24. The Promoter accepts no responsibility for any tax implications that may arise from winning of the prizes. Independent financial advice should be sought.
25. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, communication network, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise, injury or damage to entries ot to participants’ or any other person's computer related to or resulting from participation in or down-loading any materials in this Promotion. If the Promotion is not capable of being conducted due to circumstances beyond the Promoter’s control, including due to any technical or communications problems, the Promoter reserves the right to amend, suspend or cancel the promotion subject to approval from any relevant authority.
26. The Promoter reserves the right to disqualify all entries from any entrant who tampers with, or benefits from tampering with, the entry process or the Promotion. Entrants can enter the Promotion up to the Maximum Number of Entries. Entries must be submitted separately and each entry must individually meet the Entry Requirements and be subject to the Entry Restrictions. Automatically- or computer-generated entries will not be accepted.
27. The Promoter may, in its sole discretion, declare any or all entries made by an entrant invalid, and/or prohibit further participation by an entrant in this Promotion or a prize event/activity if the entrant:
(a) disrupts, annoys, abuses, threatens, harasses or attempts to do any of these things to the Promoter, another entrant or potential entrant of, or anyone else associated with, this Promotion; or
(b) engages in conduct in relation to this Promotion which is misleading, deceptive, fraudulent or damaging to the Promoter’s goodwill or reputation.
28. The Promoter and its agencies and representatives associated with this Promotion will not be liable for any loss (including but not limited to indirect or consequential loss), damage or personal injury which is suffered or sustained (including without limitation to that caused by any person’s negligence) relating to this Promotion or the awarding or taking of the prizes except for any liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law).
29. The Promoter may use any personal information entrants provide in connection with this competition for the purpose of running the Promotion, and also in advertisements, publications, media statements and other promotional material associated with the Promotion. The Promoter may disclose the information for those purposes to its related bodies corporate and contractors, and to Toyota dealers. Some of the Promoter's related bodies corporate and contractors to whom the entrant's personal information may be disclosed are located overseas, including in [Japan, the United States the United Kingdom and Sweden] and as a result the entrant's personal information may be disclosed overseas. If entrants do not provide the information requested they will not be able to enter the Promotion. The Promoter is bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). If entrants have any concerns or queries about the way their personal information is managed by the Promoter, they should contact the Promoter at: 1800 TOYOTA (1800 869 682) or emailing
customerexperience@toyota.com.au. A copy of the Promoter’s privacy policy can be viewed at
www.toyota.com.au. The privacy policy contains information about how entrants can gain access to or seek correction of personal information that the Promoter holds about them. It also contains information about how entrants can make a privacy contact.
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